Missouri Immigration Legal Questions

It is possible to abandon the case. Whether you would be denied entry in the future is another matter. You have evinced immigrant intent by pursuing an application in the United States. This will work against you when seeking admission in the future. However, if you have strong ties to Canada, you may be to enter without issue. I encourage you to consult an attorney before withdrawing the application.... Read Answer

There is no requirement that an alien who gained residence through marriage be employed. You are free to seek employment or not. Not having employment will not jeopardize your status. You can read more about removal of conditions at http://myattorneyusa.com/removing-conditions-on-permanent-resident-status-derived-from-marriage.... Read Answer

To qualify for naturalization under INA 319(b), you will need to establish your U.S. citizen spouse is regularly stationed abroad in qualifying employment for at least one year. Qualifying employment requires your spouse to be under contract or orders to assume a position. The statute does not indicate when calculating the one-year period of employment begins. USCIS calculates the one year period from the date of filing. You have the burden to prove your spouse's employment overseas will be for at least one year from the time of filing. ... Read Answer

Your friend will need to apply for a visitor visa. He can start the process by completing Form DS-160 online. Afterwards he will schedule an interview at the consulate. Your friend will need to present evidence to establish he can finance his trip and will depart the United Stares in compliance with his authorized stay. This is usually done by showing ties outside the country. Your friend can read more at http://myattorneyusa.com/travel-visas.... Read Answer

If the mother of the child does not have permanent status in the US, you will not be able to obtain permanent residence or citizenship through your child or even with the second one coming in May. I note that if the President's immigration program, Deferred Action for Parental Accountability, passes in the Supreme Court (ruling is expected in US v. Texas in June 2016), you may be able to obtain a 3 year stay along with employment authorization if, among other factors, your child was born by November 20, 2014.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

To work in the US with another TN status, you should go back to Canada and reenter a US port of entry with the necessary documents for a new TN stamp. The status that you have in the US depends upon the status that you enter the US with.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Neither of your dates are correct. Good moral character starts not from the time of actual conviction nor the time that he completes probation, but from the time of the commission of the crime. As the CIMT was committed 12 years ago, he has satisfied the period of good moral character for the crime if you wait the full 3 years before making the application. I do note that depending upon the seriousness of the CIMT, a naturalization examiner can still consider it for purposes of good moral character. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

An employer can seek to hire you and for that request a nonimmigrant worker petition on your behalf - USCIS form I 129 and ancillary forms. You do not have any grace period on L visa unless the employer extended your employment for 30 days to give you time to leave, kept you on the payroll and paid your wages during this time. H1B for the most part, with some exemptions, is subject to CAP which means that a new H1B petition can only be filed comes April 1 and not a day before. You are not allowed to stay in the USA a day pass the employment ended day on L. ... Read Answer

Hi. Yes, you can still process your green card through your husband. You can use the current entry for proof of lawful entry. In addition, you can file for a replacement I-94 from  when you were 14.  I would be happy to help or provide more details. You can contact me anytime. ... Read Answer

Hi. In order to file an Adjustment of Status based on the DV lottery, you must maintain lawful status. Thus, she should leave and process via the Embassy. If she overstays longer than 6 months and then leaves, she will be barred for 3 years(10 years if stays over a year). If the extension is denied, she should leave and get an F2 visa at the Embassy and then return to the US.... Read Answer

Hello, You would need to contact the Italian consulate if you are seeking to claim your Italian citizenship. The U.S. permits dual citizenship and you should contact both the Italian and Brazilian consulates to see if they would let you to have their citizenship and the U.S. citizenship also. Good Luck. The information above is of a general nature. It is not, nor is it intended to be, legal advice. You should contact an immigration lawyer in your city for specific legal advice about your situation.... Read Answer

As Alaska and Hawaii are both U. S. states, flying from the U. S. to either state on a nonstop basis would not be seen as having left the country and subjecting anyone to a 10 year bar. However, I would not encourage such travel for someone who is out of status as there is more enhanced scrutiny by DHS of travel from these points of entry because of their remoteness than interstate travel within the other 48 states. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    ... Read Answer

Yes, you may travel using your green card and passport. It may only be an issue if you are out of the country like this every year or if you are trying to qualify for citizenship in the future. Your card allows you to  leave and re-enter. You must be maintaining residency here, so you must have: taxes, accounts, home, lease, et. ... Read Answer

The family member would have to notify the immigration court almost immediately of a change of address. If the location is far away, the family member may request a change of venue to a more local immigration court. I also note that if the proceedings have not gone too far and the family member is scheduled for a master calendar hearing, an immigration judge may transfer venue himself or herself on the basis that the applicant is no longer within the jurisdiction of the court. There is also the remote possibility that the change of address will be missed by the court and the notice of hearing will be sent to the old address with resultant trouble if you do not receive it and appear in court at the assigned time. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

It is not a certainty that your husband will be deported because you received a notice of intent to deny to which you did not respond because you were out of town. Unless your husband is currently under proceedings, it would be up to U.S.C.I.S. as to whether the issue a notice to appear (NTA) for him to appear in the immigration court to begin removal proceedings. Also you have not said what your attorney as done so far. He could have taken steps to either respond late with an explanation or could have filed a new I-130 petition.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

I will assume that your boyfriend and his son are both in the U. S. and that you are a U. S. citizen. The first question is how your boyfriend and his son came to the U. S. If they entered without inspection, they are not eligible for adjustment of status in the country. You could petition for them, but in order for them to receive their green cards, they would have to leave the country and interview at an American consulate if they sneaked in. Your boyfriend would incur a 10 year bar in that circumstance. The Obama administration instituted the I-601A program under which the 10 year bar could be dealt with in advance before the individual leaves the U. S., and you may wish to collect more information concerning that program. Insofar as his child is concerned, he would have to obtain permission from the mother of his son in order for the son to gain immigration benefits through you. That is of course because she has full custody over him.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

You have to find a co-sponsor. That person does not have to be your relative; anyone can be a co-sponsor if he/she is a U.S. citizen or has a green card and has enough income to qualify under the federal poverty guidelines. To see how much income a co-sponsor needs, look at the co-sponsor's family: count the co-sponsor, the co-sponsor's spouse, children, and all other dependents, plus 2 (your wife and child). Then compare the family income to the 125% federal poverty guideline for that number of persons (the table is on-line at uscis.gov, Form I-864P).... Read Answer

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The drug felony may be an issue depending on how it was disposed of. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options. You should bring any records you have regarding the drug felony for the attorney to review.... Read Answer